AB5

An Uber driver approached me about possibly filing suit against Uber after hearing about changes in California law in 2020 regarding independent contractors. California has a 3 part "ABC test" to determine if a person working for a company as an independent contractor is actually properly classified or if that individual should be (and should have been) treated as an employee. The reason this matters is the law provides for several protections for employees (such as overtime, meal, and rest breaks) which are not afforded to individuals who are truly independent contractors. With the passage of the new law, Uber and other rideshare companies fail to meet the test in California and have improperly classified their drivers as 1099 contractors. Because of this misclassification, rideshare companies can be held retroactively liable for 3 years to their drivers as it relates to compensation for missed lunches, missed breaks, unpaid overtime compensation, as well as other claims related to wage and hour employment laws in California.

AB5 came into effect on January 1, 2020 and has not been litigated in the courts. Of course we can't guarantee a result, but we believe AB5 is on the side of the employee.

The "process" starts with sending a letter to the employer (in this example Uber) requesting a full copy of your employment file and wage records. The employer has approximately 30 days to provide these records. Once received, my office reviews the employer's records, compares them to the records and information you provide to my office, and determine what we believe you could be owed. Once we perform our calculation, and after receiving your approval, we then send a second letter with a monetary demand to resolve the matter informally. Any amount(s) my office sends out, or any amount(s) you may accept to resolve outstanding issues, are entirely up to you. You can rest assured that an attorney has no authority to accept a settlement offer on behalf of their client without the express permission of the client to do so.

If the employer fails to respond or fails to make a counter- settlement offer, my office then files a lawsuit on your behalf and litigate your claim through the Court system. This means that we will work for you to obtain any and all information and documentation necessary to prove your claims. During this time we will still keep lines of communication open with the other side in the event a potential settlement can be reached. In my experience, filing a lawsuit will put significantly more pressure on Uber to settle the case because of the rising costs they will have to incur during the litigation process to defend against these suits.

The short answer is "probably not." Most civil cases, and by most I mean over 90%, settle before trial. There are different (and numerous) court hearings that can be held before trial, but you will not be required to attend any of those. If a lawsuit is filed, and in most situations, the employer seeks to take the deposition of the Plaintiff (you). A deposition is a process where all parties sit in a conference room while the opposing attorney asks you questions related to your claims. If your deposition is taken, we will meet prior to prepare you and I will be present with you the entire time.

It's possible that they will fire you or deactivate your account, but that would give rise to a possible action for retaliation against them for filing a lawsuit. Further, employers such as Uber have competent legal counsel who will almost assuredly tell them not to tsake such action.

The short answer is nothing. By law, employers in California are required to maintain and provide all the documents relating to your employment with them. Obviously, I always request that you provide any documentation and information you have to (1) be sure we understand your side of the story, and (2) ensure we can cross-check the employer's records to prevent them from omitting and/or withholding information and documentation. For example, if you have pay stubs, earnings statements, timesheets or time logs, employee handbooks, or anything related to your period of working with Uber please send them to me.

Nothing upfront and nothing if we don't resolve the case in your favor. My office takes these types of cases on a contingency basis. "Contingency" means that my office covers all costs of the case up front and we recoup the costs expended (if any) out of any settlement and/or judgment. Typical costs include mailing and postage, court fees for filing a lawsuit, mediation costs, process server fees, and deposition costs. To be sure you are always aware of everything that is occurring in your case, all significant costs will be provided to you, explained before they are incurred, and your approval will be sought. Further, in most instances settlement demands account for litigation costs, meaning your settlement amount will usually not be reduced to pay costs. If your case goes to trial and we prevail, the law provides that the employer can be responsible to pay your attorney's fees and costs.

It's impossible to state the exact amount of time, but typically cases that settle early do so in about 6 months. In cases where a lawsuit is filed, the time to resolution can range anywhere from 8 months to 2 years. But as I said before, these cases typically settle earlier and don't go to trial. Being involved in litigation requires a lot of patience. Courts are slow and defense attorneys like to take their time to make sure everything is accounted for before settlement. Nobody likes to hand over money they don't think they owe without a fight. Uber and other companies are fighting like hell to change the laws through legislation to exempt themselves from these new laws so they may try to wait it out before they settle. Regardless, the laws as they stand are in your, the employee's, favor, which need to be enforced.

You can either come into the office and meet me in person to sign up and ask any questions you may have or I can email  you over the documents and you can sign the right there on your smart phone and email them back to me. Once you've done so I'll email an intake with questions about your employment period and some personal information.